IPOH: The High Court here today upheld the eight-year jail sentence handed down by the Sessions Court on four men convicted of causing the death of a Form Five student in 2008.
Judicial Commissioner Datuk Che Mohd Ruzima Ghazali, in upholding the sentence, dismissed the appeal by Ong Kong Hui, 31, Houng Chee Wei, 27, Lee Yik Yew, 31, and Tiang Soon Nam, 30.
They were charged with causing the death of Diong Si Cang at Taman Disneyland, Ayer Tawar, Manjung between 4.30 pm and 6 pm on May 16, 2008.
The charge, under Section 304 (a) of the Penal Code for culpable homicide not amounting to murder, provides an imprisonment for up to 30 years and is liable to fine, if found guilty.
However, the court allowed a stay of the sentence on all accused pending an appeal to the Court of Appeal.
In the judgment, Che Mohd Ruzima said it was difficult for the court to believe the testimony of the accused as it was given with intention to free
He said the accused also gave conflicting statements from the ones they gave to the police and also with witnesses.
On these grounds, their denial could not be accepted and as such did not raise any reasonable doubt against the prosecution’s case, he added.
He said Sessions Court judge had not erred in making her decision.
According to the facts of the case, the victim died a day after he was attacked by a group of men.
The incident occurred after a sister of one of the accused, who was also the victim’s schoolmate, complained that the accused had made offensive remarks at her.
Ong, Houng and Lee were represented by lawyers Mohamed Yazzer Azzad, while Tiang by lawyers Ricky Hong and Edmund Lim.
The prosecution was conducted by deputy public prosecutor Harris Ong Jeffrey Ong.- BERNAMA